FAQs

We have family law Orders but my ex-partner won’t give my child(ren) back. What do I do?

The Orders made in family law matters are under the jurisdiction of the Commonwealth of Australia, even if they were made at the local State Magistrates Court.  It means that if one parent decides to breach the Orders by not giving the child or children back, then calling the local Victoria Police to help will be of little use.  They do not have the power to return the children; it is a matter for the Federal Police.  The Federal Police will not act without you first having what is called a Recovery Order. 
You need a Court to make that Order so that it compels the Federal Police to find the other parent and return the children to you.  Speak to Duane Portway Family Law about Recovery Order Applications.

I am a Grandparent, can I apply to the Court to see my grandchildren?

Yes, children have a right to spend time and communicate on a regular basis with both their parents and other people significant to their care, welfare and development including grandparents and other relatives.
If you are a grandparent who has been affected by a family breakdown you can apply to the Court to seek parenting orders in relation to your grandchildren.  Speak with Duane Portway Family Law about Grandparents rights